Chairperson, Members of the Select Committee on Social Services and Representatives of the Department of Home Affairs, thank you for the opportunity to make a presentation on behalf of the Cape Town Transsexual/Transgender Support Group concerning the Alteration of Sex Description and Sex Status Bill.

The Alteration of Sex Description and Sex Status Bill in its current form will only accommodate a relatively small number of transsexual persons. This is because the Bill's current formulation focuses on the alteration of "sex organs" resulting in a "sex change". By using these two phrases together the Bill would require any applicant to undergo a whole range of genital surgeries.

However, the majority of transsexuals (90% of those transitioning from female to male, but also many transitioning from male to female) cannot have or do not desire genital surgery for one or more of the following reasons:

- previous surgery attempts that failed

- health conditions that would make surgery life-threatening or dangerous

- unsatisfactory results and low success rate of current surgical techniques

- risk of complications and often debilitating consequences

- risk of losing all sexual sensation

- excessive scarring

- long waiting lists at public hospitals

- extremely strict screening procedures at public hospitals that deny many of us treatment

- number of hospital stays and number of surgeries required

- long recovery times, requiring time away from work and other responsibilities

- prohibitively high financial cost of surgery, hospital stays and aftercare

- other personal reasons

Even those who do undergo the whole range of genital surgeries only have these completed over many years (5-10 years or longer) - during which period they have already been living full time as their true sex.

Among the surgeries available for individuals who transition from male to female are breast implants if breast development through hormones has not been satisfactory, surgical removal of the penis, surgical removal of the testes, the creation of a vagina, clitoris and labia, and a number of other surgeries to assist in feminisation.

Among the surgeries available for individuals who transition from female to male are bilateral mastectomy and chest reconstruction (usually the first and only surgery undertaken), hysterectomy, oophorectomy, construction of a phallus, construction of a scrotum with testicular prostheses, removal of the vagina and a number of other surgeries to assist in masculinisation.

For the reasons mentioned above most transsexuals cannot undergo all these surgeries.

However, hormonal treatment alone (without any surgery) already enables us to live successfully as the sex with which we identify in society. It is the most accessible and affordable treatment. It also makes us sterile after a few months.

By taking hormones (estrogen), individuals who transition from male to female develop breasts, obtain a female body shape and fat distribution, softening of the skin, decreased testicular size and decreased body hair, among others.

By taking hormones (testosterone), individuals who transition from female to male develop a male body shape and fat distribution, increased body hair and beard, deepening of the voice, cessation of menstruation, enlarged clitoris, and decreased breast size, among others.

We therefore plead with the NCOP Select Committee on Social Services to consider the following amendments to the Bill in order to make it possible for more transsexual persons to obtain correct ID documents:

a) In Section 1(1) and 1(2): Replace "sex organs" with "sexual characteristics", and

b) In Section 1(1): Replace "sex change" with "gender reassignment".

By broadening the emphasis from "sex organs" to "sexual characteristics", the Bill would recognise that medical (hormonal) treatment can change the sex appearance of our bodies in several ways that do not necessarily have to include genital surgery.

Retaining the term "sex change" will make the Bill vulnerable to a legal challenge. On Friday the ACDP already hammered on the fact that a "sex change" was not possible according to the Ormrod Test used in the British Corbett vs Corbett case. It will not be surprising if the ACDP ends up trying to challenge our legislation in SA courts using the British precedent. To avoid this, we would like to urge the Committee to replace the popular term "sex change" with the medically correct term "gender reassignment" (or "sex reassignment"). This would also automatically make the Bill more flexible as the latter term does not necessarily imply genital surgery.

Without the amendments proposed above, the current Bill would deny myself and many others like me in the Cape Town Transsexual/Transgender Support Group and in South Africa the right to have ID documents reflecting our true identities.

We therefore plead with the NCOP Select Committee on Social Services to recognise our plight and amend the Bill as suggested.

Thank you very much for your time and consideration.

Estian Smit

Spokesperson

Cape Town Transsexual/Transgender Support Group

Simone Heradien

Spokesperson

Cape Town Transsexual/Transgender Support Group

Tel: (021) 410 9958

Cell: 084 370 5677